The recent Supreme Court decision in Ames v. Ohio Department of Youth Services struck down the “background circumstances” standard for majority group members pursuing discrimination cases, holding that the requirement was inconsistent with Title VII’s intent to level the playing field for all such claims. In other words, those not explicitly protected by Title VII need not meet a higher standard to show discrimination than those explicitly protected by the law.
Business Takeaway: Practically, it is unlikely that this decision will have a major impact on your existing anti-harassment or anti-discrimination policies. But DEI initiatives and related strategies have become much more complicated. Contact us if you have questions or concerns about aligning your strategies with the Ames decision and related policy developments.